Legal Last Will and Testament Form for a Widow or Widower with Adult and Minor Children - California 2025

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If you have young children, your will can also be used to name a guardian to raise and care for your children after your death, as well as to create a trust to ensure your childrens long-term financial needs are met. A Last Will and Testament is also used to select a person to manage your estate after your death.
In California, the testator must sign and date a written will. The testator must be of sound mind and at least 18 years old when signing the will. Being of sound mind means that the testator has the legal capacity to reason, think, or understand the will.
I, the undersigned , do solemnly declare and affirm under the penalties of perjury that I sign and execute this instrument as my last Will, that the contents of the foregoing document are true and correct to the best of my knowledge, information, and belief, that I sign it willingly in the
14 common mistakes to avoid when writing a will The will was incorrectly witnessed. Asking a child or partner to be a witness. Having an out of date will. Making changes to your will after it has been signed. Forgetting Assets. Failing to appoint guardians. Excluding any step-children. Being too specific.
Free Resource for Creating a Will FreeWill is a secure, online tool that will take you through the will preparation process step by step. If you have a simple estate, you can print your legal will to be signed and witnessed.
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Non-Probate Assets (Life Insurance, Retirement Accounts) These assets are passed down through beneficiary designations and do not go through probate. Including these assets in your will can create legal challenges, as those beneficiary designations typically take precedence over the instructions in your will.
Unless you have special reasons to use a trust, a will is almost always better for kids to get the stepped up basis. Many lawyers prefer a living trust because the fees are a lot higher. A few states make it difficult to probate a will, but most are very simple.

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